Why Process Servers Matter

Ensuring that a legal matter is heard by the courts often requires a process server. In addition, defendants are notified of pending lawsuits against them from notice provided by process servers. Therefore, these professionals are essential for giving defendants due process. Our experts offer the following information about process servers, their responsibilities, and when you need one.

Understanding due process

No individual can be denied their life, liberty, or property without the due process provided by the American constitution. A process server ensures due process by providing a defendant with notice of legal proceedings and lawsuits. In the past, this was usually carried out by a county sheriff. Still, as the population of cities grew, process servers were employed to meet the increased demand for court document delivery. Jurisdiction over a defendant is established with proper service of process. A defendant is required to appear in court once they have been served properly. If they fail to appear after being made aware through proper service of process, a plaintiff can request that the defendant have a default judgment placed against them.

Process server responsibilities

A process server is used to deliver various legal documents to a person accused in a legal proceeding. These documents include a summons to appear in person, formal complaints, writs, and subpoenas to testify or produce documents. They also assist people in tracking down hard-to-locate defendants in lawsuits to provide service of process. Serving legal documents in most states requires a process server to be over 18 and uninterested in the case at hand. In most cases, a plaintiff must personally serve the other party with the complaint where a process server in Orlando comes in. They are hired to properly serve the defendant with process, though they may be allowed substituted service like service by publication in a few circumstances.

Service of process compared with service of subsequent documents

Service of process is different from service of subsequent documents. Serving process involves providing an individual with notice that a lawsuit or legal proceeding is pending against them. In contrast, the service of subsequent documents like discovery between parties or motion papers happens during the legal proceedings. In some situations, depending on the type of request that is filed, a process server may be required for delivery. To learn more about specific party requirements, review the rules of your local courts.

Should you hire a process server?

Absolutely. Employing a process server in Orlando will ensure that the opposing party in your case is correctly served with legal documents. A certified process server understands and is aware of complex process serving requirements and laws. Partnering with these professionals can help you save money and time by avoiding the pitfalls of service of process. In addition, they can assist you with locating individuals who are challenging to find and others who do their best to avoid being served with legal paperwork.

Once the court receives a complaint, a specific period is allowed for the complaint and court summons to be served to the defendant. If they are not served within the specified time, the complaint must be refiled, and the process begins again. The court must be provided with clear proof that the defendant was adequately notified of the case, or it cannot proceed. This often prompts plaintiffs to seek the assistance of a process server in Orlando to ensure that the opposing party receives the complaint and summons on the court's required schedule. These professionals are also used to serve subsequent documents when a response is required within specific time frames.

This is an overview of process serving. Contact us today if you need a process server in Orlando. We are here to serve!